A student is currently being evaluated by a school district for special education eligibility and services under IDEA, in part due to concerns of an executive functioning deficit.

During a meeting to discuss data collected for the evaluation, A member of the district made a claim that the student rarely brings a backpack to school. The parents have requested surveillance video, captured by the school's cameras, that show whether or not the student arrives with a backpack and if it is taken to class. The video is available to the school office staff at any time.

The district has denied access to the video stating that since the request is not addressing a security issue, the security images are not an educational record under FERPA.

The parents believe that the surveillance video is an educational record because it contains data relevant to statements made by the district during the current evaluation, which will eventually result in the district taking some action regarding the student's educational placement and special education services.

Under FERPA, and considering IDEA, is the video an educational record?

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